Serious Misconduct Investigations

What is a Serious Misconduct Investigation?
The Fair Work Commission defines a serious misconduct in the workplace in the Fairwork regulations as conduct that is wilful or deliberate and that is inconsistent with the continuation of the employment contract.(Fairwork Regulation 12) It is also conduct that causes serious and imminent risk to the health and safety of a person or to the reputation, viability or profitability of the employer’s business.(Fairwork Regulation 13)

Types of serious misconduct investigations could include:

Fighting or assault

Fighting or assault in the workplace can be seen as a serious misconduct by an employee. At Regional Queensland Investigations we can assist your organisation in preparing your case if an employee was to fight any unfair dismissal claim due to fighting or assault in the workplace.

Effect on the safety and welfare of other employees

If an employee’s conduct or capacity affects the safety and welfare of other employees could constitute a serious misconduct investigation. At Regional Queensland Investigations we can assist your organisation in preparing your case if an employee was to fight any unfair dismissal claim in regards to their conduct.

Company policy violations

Matters in the workplace that breach company policy violations repeatedly and/or  of a serious offence, can constitute a serious misconduct investigation

Theft / IP Theft

Another example of a misconduct investigation, is when an employee steals from a company or takes trade secrets to another company after leaving ones employment. At Regional Queensland Investigations we have been investigated many theft and IP theft from current and former employees.

 

 

Loss of trust and confidence

A serious misconduct investigation could include when an employer has lost trust and confidence in an employee’s ability to perform their role. There needs to be sufficient evidence and reasoning to support this loss of trust and confidence. At Regional Queensland Investigations we can assist your organisation in obtaining evidence in support of this finding to assist if an employee was ever to challenge the dismissal in a fair work environment.

Criminal Matters

Any matters committed in the workplace either by the employee or employer could be a matter for a serious misconduct investigation. Matters may include theft, fraud, physical violence and the use of illicit drugs.